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Hi guys,

My sister has a progressive spinal condition (Degenerative Disc Disease) - and had a telephone-based WCA at the end of April. She also has Gastritis and an Underactive Thyroid. Due to her spinal disability, she's previously been in the support group for 9 years. I am her appointee with the DWP.

She has yet to hear the result of her latest WCA - but we are expecting to hear imminently as its been almost 6 weeks.

During each assessment, we covertly record it - whether that be a physical or telephone assessment.

After every assessment, I obtain a copy of the assessors report.

We do this for this very reason. I obtained a copy of the assessors report from the DWP 3 days ago - and I am FURIOUS and DISGUSTED at what the assessor has written.

It is full of lies - not just one or two - but, literally, FULL of them - and I haven't even finished going through the report yet. I am about half way through.

In addition to that, the assessor has 'twisted / manipulated' what my sister said - and completely omitted information that is vital to my sisters claim.

I have already informed the CHDA that I will be making a formal complaint. I have given them some snippets as to why, and given them a little to work with - but I have made it clear that I am sending a long, formal written complaint.

I have also notified them that I will be reporting their assessor to the General Medical Council - and, if my sisters benefits or health are impacted negatively, we will also be taking her and/or the CHDA to court to recover any financial loss or physical hard that her vindictive actions cause my sister.

Thankfully, we have an audio recording as evidence, and I have produced a word-for-word transcript of the audio too. I also have the full report, along with copies of all medical evidence that the assessor used.

To cut to the chase, based on the assessors findings, she has assessed my sister as being fit for work and recommended 0 points to the DWP decision maker.

To cut to the chase, is it possible to apply for an assessors report to be "written off" as not being in compliance with the legislation and therefore being unlawful - in addition to being full of lies, full of manipulated dated, and all of the evidence that has been referred to is between 5 to 9 years old. NO NEW EVIDENCE has been looked at or been made reference to at all.

Some of the lies include:

1. Stating that the interview and examination took an hour and 10 minutes. The actual interview and assessment was just 23 minutes.

2. She stated that my sister said that she had been in a road traffic accident. My Sister has NEVER been in a road traffic accident in her life.

3. She stated that my sister does not suffer with incontinence - despite evidence being provided that she does have incontinence due to lack of nerve sensation.

4. She stated that my sister does not wear incontinence pads. My sister stated that she DOES wear incontinence pads.

5. She stated that my sister walks 10 metres between rooms - implying that she has a large property. My sisters property is not even 10 metres in total size. It is actually tiny - with the whole single-floor property only being 8 metres in length from front door to the furthest back wall - and 7 metres wide from one side of the property to the other.

6. She states that my sister has NO medication symptoms, and NO thyroid symptoms - yet the medical evidence shows that she does have symptoms of both, and the audio recording captures this too.

7. She has stated that my sister takes a 3 minute walk to her GP - yet the audio recordings clearly captures my sister saying that we go by car and it is less than 1 minute away.

8. She's given diagnosis dates that are ALL completely different to the diagnosis dates given.

9. She has documented medication that my sister has never been on - yet omitted medication that my sister is actually taking.

10. She has constantly referred to my sister using a wheelchair throughout her report - yet she's indicated to the DWP decision maker that my sister can walk more than 200 metres aided or unaided and does not use a wheelchair........

11. She has stated that "when my sister comes back from GP appointments, she will stand and make herself a hot drink and continue with her day as normal" - yet my sister said that when she comes back, she will be wiped out from pain and will need to lay down until her pain eases......

12. She stated that "My sister has home grocery deliveries, packs the items away and will happily engage in conversation with the driver" - yet my sister told the assessor that our mum goes round on grocery delivery day, our mum answers the door and puts things away, and she does not engage with the drivers because she suffers with social anxiety.

13. She states that my sister can get dressed without any problems - despite my sister saying she uses aids to help her get dressed (evidence of this was also provided with social care documents listed showing the aids and adaptations they've provided her with).

14. The assessor has said "She has no other pain" despite my sister saying that her body has dropped on one side due to her back condition, which means she cannot stand level - which causes pain in her leg and ankle. Medical evidence of this was also provided - but not referred to.

15. She has stated "Since stopping her pain relief, her Gastritis has improved". My sister actually said that her gastritis was CAUSED by prolonged opioid use (Gabapentin). A hospital document was provided as evidence that clearly states that my sister's Gastritis was caused by opioid-induced Narcotic Bowel Syndrome, and she MUST NOT be prescribed opioids under any circumstances. Her Gastritis has NEVER improved - and her diet is restricted to just fish or chicken. Anything else gives her terrible acid reflux, and she will suffer faecal incontinence.

The list goes on and on. Every single page has lies - all of which can be backed up by the audio recording.

Then there are the manipulations of what my sister said.

a. The assessor stated "She can brush her teeth standing for three minutes". What my sister actually said is that she stands against the wall to brush her teeth, regularly grabbing her toilet frame to regain her balance.

b. The assessor states "She takes 10mg once daily" of her pain relief - but my sister actually said "I take 10mg to 20mg per day, depending on how bad my paid is. On a goodish day I can take 10mg, but on a bad day, I will have to take 20mg.

Again, there are loads of these too - but you're probably bored of reading by now, plus I think I've made the point now lol.

So, it is my opinion that this report should be dismissed as 'not fit for purpose'. I also believe that the assessor, who the CHDA confirm is a 'registered General Practitioner', should be struck off from the medical register (and I am the kind of person that will push until all avenues have been exhausted - so I won't be giving up lightly).

IF the decision maker is equally reckless and incompetent, could I highlight all of the issues with the report at Mandatory Reconsideration stage in the hope that it will be written off and a new and fair assessment re-done that is actually done properly and lawfully?

Hi just an update, so the lady has just phoned me for my compliance interview…
She started off reading the legal stuff and I thought ey up somethings wrong here…

She asked me if I had bank accounts at different banks, isa, bonds etc.

Did I have a lodger, partner etc…

Answered her honestly, I asked her if this was a random check and she said yes initially then said no.

She went on to say that in 2020/21 my savings went over 6k by 800£. I explained covid and no shops etc open so imagine most people would have a bit of extra.

I explained I spend via credit card and that payment goes out monthly. So my account may slightly go over 6k temporarily but soon dips back down once credit card is payed.

She said that was feasible but wants a recent statement to close the case ?

My qs are:
What case?
And am I legally bound to send her my bank statement ?


Thanks. Jak

Thanks. I will do that. The woman did call me back after I left my number on her answer phone. She says she's calling back at 1pm for compliance interview. I'll keep you informed

I think I managed to post this earlier but have more info. I can't find my post.

So random letter arrives saying we need some information from you. Please let us have your phone number. Signed compliance officer ...

Envelope address is dwp CFCF comp Wolverhampton. Which I beleive is counter fraud dep ?

On back of envelope is habd written I and 6 numbers.

Any idea what's going on ?

Hi. I've just received a fesl12 letter from a compliance officer saying they haven't a phone number for me and want me to ring them with it as they are missing some information about me.

Anyone had this letter ? Is it legit. What are they upto? Few typos etc on the letter too.

Interested in peiples experiences re this.

My esa was extended due to covid toll feb 2026 so don't understand what's going on.

Thanks jak

Hi,

I found recently, to my great happiness, I could cope with a bit of part-time driving work, but am finding extreme difficulty in getting any shifts given to me through my temp agencies. So through other sources, i.e. gig and part-time permanent or contract work, it's extremely hard to find stuff that's consistently within the earnings limits: most proper employers pay above minimum wage now. And some gig ones have funny hours/pay patterns. This is also material for a friend on PIP and ESA-LCWRA who through nominal self-employment has occasionally exceeded hours/earnings limits (under her interpretation of the rules). So:


Pension contributions and net earnings

Can pension contributions reduce employed earnings prior to the £183.50 (min wage x 16hrs) assessment being applied for ESA exempt ('permitted') work purposes, in the way it does for income tax, i.e. it reducing the pre-income-tax income by 50% of the amount contributed?


Pension contribs and gig work/self-employed net earnings

If so could pension contributions achieve a similar result in the case of nominally self-employed gig work, through ad-hoc contributions?


Pension contribs and employers refusing to operate pension schemes

Where an employer refuses to operate a pension scheme, can I reduce my nominal earnings for ESA purposes by making ad-hoc contributions?



Statutory holiday pay, minimum wage, and the moment at which the holiday pay is deemed to have been earned

Given for income tax purposes statutory holiday pay must (surely?) be deemed to be earned in the week in which the employee elects for it to be taken, and given some employers are entitled to pay it at the same time as the wage (as long as it’s itemized), do those latter (immediate) payments a) get treated as not immediate earnings for tax purposes and b) for ESA purposes?


Statutory holiday pay, minimum wage, and self-employment (as matter of statutory interpretation)

and given as a matter of policy & statutory interpretation it’s unrealistic to presume self-employed workers don’t need/won’t take holidays, can an analogous ‘holiday apportionment’ be applied to self-employed earners’ incomes, to raise the weekly £183.50 cap by the statutory holiday minimum of 12.07%, i.e. to £205.65 (so long as the earner takes 5.6 weeks’ holiday, or less on a pro-rata basis)?


Unpaid travel time between piecework jobs, and 16 hour limit

Does unpaid travel time on public transport between piecework gig (car delivery) jobs in a several-delivery day count as work hours?


Point at which the week begins for purposes of 16 hour limit

If a gig ‘employer’ (in fact they declare it’s self-employment’) only offers a minimum of 3-day tranches of work, paid by cars delivered (3-4 deliveries a day, £20-£28 a delivery, they estimate £80 income a day, although some online report as little as £40-50, they estimate taking 8-10 hours to perform), could someone in my shoes with a 16 hour limit (18 with averaging) declare my week-beginning to be after one of those 3 days, and do one 3-day tranche every two weeks instead of every one week, ergo on one ‘week’ I do 1 shift and on another ‘week’ I do two?


New PW1 form for each new work pattern?

Do I need to submit a new PW1 form for every new employer (or gigwork organizer) given each will have a slightly different work-pattern, pay, and set of duties?


Can one begin work if technically uncertain but has at least arguable case about PW1 (permitted/exempt work terms) compliance?

If I’m worried that a ‘no’ answer might be forthcoming to one of the above questions arising from a PW1 submission, but that a ‘yes’ is crucial to it falling within permitted work rules, does that mean I can/can’t begin the work but submit a PW1 immediately if I’m to keep my ESA, or is it OK to begin the work, submit PW1 immediately, and then stop it if ESA say it doesn’t fall within the rules?


I truly despair of getting any other work I can do with my current training and experience and capability level, and these questions and similar have become crucial, both for me and a friend in a similar position.

With enormous thanks - Jonathan

Hi ArchieD123

I have never come across one, and I have been doing benefits for many years. I have heard from members on the forum who have undergone a compliance interview, from reading the link I sent you, Once your identity has been confirmed, you will be informed of the purpose of the interview.

Hopefully forum members who have also had a compliance interview will be able to offer you first hand experience.

Gary

Thanks Gary.

I’ve read elsewhere online that these interviews are being requested randomly. Is it likely be a full investigation or could it just be to verify the information I gave at the telephone assessment? I’ve never been asked to have one of these previously.

Hi ArchieD123

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

A DWP compliance interview, also referred to as a customer compliance interview, is a procedure undertaken by the DWP where they have reason to suspect that you are claiming a benefit that you are not entitled to, or if they suspect that your personal circumstances have changed but that you have not notified them of the change; www.stuartmillersolicitors.co.uk/dwp-com...iew-questions-guide/

Gary

Hi,

I recently had a telephone assessment for my PIP renewal and now I have received a letter in the post saying I am to have a compliance interview with the DWP with a date and time. It doesn’t give any more details than that.

Does anyone know what this could be about or whether it is something to worry about?

Thanks

Andrew, as C says, it is the comment
""you are the only person prolonging this review with your persistent hospital admissions"
that is disgusting bullying.
Please maybe a little, put yourself in the original poster's shoes before drafting a reply which, on the surface at least, seems to lack empathy for someone whose condition/s mean they have been in and out of hospital repeatedly. That is very disorientating in itself, and dealing with admin on top can be difficult. Thank you for, I hope, reflecting.

I`m afraid I don`t read the response from DWP as "disgusting" or "bullying". I read it as a person trying to do her job but getting little, or no, cooperation from her "client" (for want of an expression).

"The department can and are able to infer from your lack of engagement with the A42 form"; this isn`t bullying or disgusting, the DWP lady was advising that they have the power to assume that someone isn`t being helpful or truthful (I`m not calling anyone a liar here, this is my interpretation of the details provided).

"Firstly I have told them I will sign the forms if they are filled out correctly"; On face value this is implies that they don`t agree with how the A42 is completed, but why they aren`t completed correctly isn`t mentioned. To allow people to make an informed comment, it would have been better to provide a bit more information.

Before you respond, please understand I am not criticising anybody here, I`m just explaining my interpretation of the situation based on the comments of the poster.

"you are the only person prolonging this review with your persistent hospital admissions" - this is a SHOCKING and disgusting statement. How dare they imply your hospital admissions are a choice deliberately engineered to delay their processes? Absolutely revolting behaviour from them, I'm so, so sorry they're treating you like this. Solidarity.

Please get onto your MP JaneyJane, imho this was disgusting bullying.

Hello again,

Recieved the flooring message this morning after calling the compliance officer to tell her I will not sign an A42 form if it is sent blank. Happy to allow her to check what she has queries about but I’m not handing over permission for who knows what or for how long

"Good morning ******. The department can and are able to infer from your lack of engagement with the
A42 form that this account is indeed yours. If it is not simply signing this will enable me to prove to a level I am happy with that it is not yours. Perhaps we should just start to be truthful, if you admit the account is yours we can work out your overpayment and this situation can end. At this stage you are the only person prolonging this review with your persistent hospital admissions and refusal to allow the department to do the necessary checks. I have sent out further A42 forms today and will be in contact with your branch. I will be in touch shortly

Firstly I have told them I will sign the forms if they are filled out correctly , secondly it would seem the DWP can know presume guilt with no evidence of you don’t do what one person says?

Hello (again) and I apologise if these questions seem silly.
I cannot locate a bank account the DWP are suggesting is mine. I suspect it’s a ppi refund that they are thinking is something else but despite giving her that paperwork she still wants statements form an account I do not own. Obviously the bank will not divulge anything about this account to me.

The compliance officer has said she will send out an A42 form but she wouldn’t/couldn’t tell me if this gives them access to all my accounts (nothing to hide but I have supplied statements for these accounts already so it’s unnecessary) she also wouldn’t/couldn’t tell me if this form allows a one off enquiry or if I have signed my bank accounts over to them for good.
I have tried googling but I’m not coming up with anything so far.
The bank are willing to write a letter to say this account does not match any I have had or currently have but this is not acceptable proof apparently.

Any advice appreciated

Hi JaneyJane,

Wow - sounds like you've got a "I know it all" type of compliance officer on your case. I think when they say anything like that, it's best to ask them if they can send it to you in writing or via email, then you've actually got concrete evidence of making a complaint, especially if they're telling you things that are incorrect, which would leave you panicking that you could end up stuck in Ireland.

There is a complaints procedure online via the Gov.uk website - it may help give you guidance with what you were wanting to know about the length of time, or if not, who you could turn to for an answer.

www.gov.uk/government/organisations/depa...complaints-procedure

Regards, Chris

Thank you for your reply. I have managed to get through to my case manager at UC who cannot find any rules that say I cannot go abroad. He has agreed to suspend my claim to prevent any future overpayments occurring.
Do you know how long the dwp take to answer official complaints? Myself
And my MP both submitted complaints and have heard nothing.
Aside from the comment from the compliance officer stating “you have no reason to complain”

Thanks. Unfortunately the appt I have with CAB is the quickest one I can get.
I’m not in the UK at present and obviously caring for my dad is taking up a lot of my time.
I was just concerned as the compliance officer stated she can have my passport cancelled which would leave me stuck in Ireland.

JJ

As far as I can find the DWP does not have the authority to seize your passport or prevent you from leaving the country.

So, I would start by asking the Compliance Officer for specific references to the legislation they would be invoking to do these things.

Given how this issue appears to be escalating you should certainly get advice from a trained advisor. See

advicelocal.uk/

I know you already have an appointment booked with the CAB, try and escalate the issue with them to see if you can get a quicker one

you should also consider getting legal advice, you may be able to get free advice if you can keep the consultation to less than an hour.

I'm afraid we cannot offer any advice about your returning to the DWP or not.

Gordon